Knowledge

The purpose of this briefing is to provide general information and outline how to apply for a Jersey Grant of Probate or Administration for non-Jersey domiciled deceased estates.

General information

When a Jersey financial institution is advised of the death of a customer, unless the total Jersey estate is worth less than £30,000 at the date of death, the financial institution must request a Jersey Grant of Probate before they may release the estate.

British (non-Jersey) domiciliaries

If the deceased was British domiciled (England and Wales, Scotland, Northern Ireland, Isle of Man or Guernsey) and a Grant of Probate or Administration has been issued in the country of domicile, an application for a Jersey Grant of Probate may be made under the "Fast Track" procedure. This application is made in correspondence; however, Jersey Probate law requires that a Jersey based agent (such as Bedell Cristin) lodges the application.

Foreign (non-Jersey/non-British) domiciliaries

For estates where the deceased was domiciled elsewhere, "Fast Track" is not available and a full application is required. Documentary evidence of the entitlement to a Grant of Probate or Administration is needed, together with attendance of the personal representatives at the Royal Court of Jersey to take an oath. We will be pleased to advise as to the documentary evidence required and prepare such documents as are necessary in your case. We can also attend the Royal Court of Jersey on behalf of the personal representatives to take the oath.

Documents

To enable us to advise you, we will need the following documents:

-      a certified copy of the death certificate;

-      a court sealed and certified copy of the Grant of Probate or Administration, from the deceased's country of domicile, bearing the original court seal and certification to confirm that it is a true copy. Alternatively, from certain jurisdictions, we are able to accept a notarised copy of such a document, provided that the original was prepared by a notary;

-      a court sealed and certified copy of the will (and any codicils) bearing the original seal and certification from the issuing court or notary to confirm that it is a true copy. An exemplification copy will usually suffice;

-      please advise if the deceased left more than one will covering assets in different jurisdictions and let us have copies of any such Wills; and

-      copy correspondence from the Jersey financial institution, confirming details of the Jersey assets maintained by the deceased and the date of death value.

Additional documentary evidence may be required in certain circumstances. Please note that all probate documentation will be retained permanently by the Probate Registrar in Jersey.

 Client due diligence

 To comply with anti-money laundering law, we will also need the following:

-      confirmation as to whether or not the deceased had any other assets or liabilities in Jersey;

-      confirmation as to whether or not the deceased ever resided in Jersey;

-      confirmation as to whether or not the deceased or the personal representatives, their immediate family, or close associates were or are politically exposed persons (persons holding prominent public office);

-      if not stated on the probate documentation, the deceased's date of birth, his/her occupation or profession during his/her lifetime and his/her last residential address;

-      the maiden name and any former name(s) for the deceased and/or personal representative(s);

-      details of the source or origin of the deceased's wealth in Jersey;

-      for each personal representative, a certified copy of his/her passport or driving licence (with a clear photograph). The certifier must state that they have met the bearer and that the photograph is a true likeness; and

-      for each personal representative, one original or certified copy utility bill, bank or credit card statement (dated within 3 months) as proof of residential address.

We may need to request additional client due diligence in certain circumstances.

Fees and disbursements

There are no death duties, estate duty, inheritance tax, or capital gains taxes in Jersey, but stamp duty is payable to the States of Jersey upon the total value of the Jersey assets at the date of death:

Our professional fees are charged with reference to the time spent on the matter.  We will be happy to provide you with an estimate of our fee upon receipt of information as to the type and complexity of your case.